Laws and Policies for Sex Education and HIV Prevention HIV Prevention and Sex Education Physical Education, Health and Athletics

State Requirements l HIV education is required at least once in Middle School and High School. l When districts elect to teach sex education, the course must reflect state approved content (Ed Code 51933).

District Requirements l 10 day Family Life Education in grade 6 (including HIV) l 10 day Sex Education Program in grade 8 (including HIV) l 10 day Sex Education Program in grade 10/11 (including HIV) l HIV/STD prevention instruction in grades 9, 10/11 and 12

California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act l Provide students with the knowledge and skills to protect their sexual and reproductive health (Ed Code 51930). l Encourage students to develop healthy attitudes concerning growth and development, body image, gender roles, sexual orientation, dating, marriage and family (E.C ).

Requirements for Instruction in HIV/AIDS and Sex Education l Age appropriate l Factual, medically accurate, objective l Available and accessible to all students l Free of bias l Encourages communication with parents or guardians l Instructors trained in appropriate courses

Medically Accurate Information l Verified and supported by research l Recognized by professional organizations: American Academy of Pediatrics American Congress of Obstetricians and Gynecologists Centers for Disease Control and Prevention (CDC) National Institutes of Health (NIH)

HIV Lesson Content l Nature of HIV/AIDS and its effects on the human body l How HIV is/is not transmitted including high risk activities l Methods to reduce the risk of HIV Emphasis on abstinence Success/failure rates of condoms

HIV Lesson Content l Public health issues related to HIV/AIDS l Local resources for testing l Development of refusal skills l Discussion of societal views on HIV/AIDS including stereotypes and myths

Sex Ed Lesson Content l Respect for marriage and committed relationships l Emphasis on abstinence l Information on STDs including transmission and effectiveness of methods for risk- reduction

Sex Ed Lesson Content l Safety and effectiveness rates of FDA approved contraceptive methods including emergency contraception l Local resources for testing and treatment l Skills for decision-making l Information on surrendering custody of a child within 72 hours of birth (Safe Haven Law)

Safely Surrendered Baby Law l Parent or legal guardian can surrender a newborn within the first 72 hours of birth to a person at a designated “safe surrender site” such as a hospital or fire department. l Parent may claim physical custody of newborn within 14 days of surrender. l More Information: (877) or

Parental Notification and Review l Notification of and chance to review: Lessons on human reproduction, HIV and sexually transmitted disease Guest speakers in the classroom Surveys asking personal information l Notification methods: By mail or other usual school method At the beginning of the school year

Parental Consent l Passive consent Consent is assumed if parent was properly notified and doesn’t request exemption Used for all sex education programs l Active consent Parent gives consent in writing Only required for surveys in grades <7

Confidential Health Services l CA Minor Consent Law l Minors of any age may purchase contraceptive methods and seek medical care related to pregnancy without parental consent l Minors 12 years or older may consent to: Diagnosis and/or treatment for infectious, contagious and communicable diseases and STDs, including HPV vaccine Diagnosis and/or treatment of HIV Outpatient mental health or ATOD services

Confidentiality in Schools l HIV status is confidential for staff and students. l Pregnancy reported to nurse or counselor is confidential. Other staff may only report pregnancy to nurse or counselor unless there is a medical emergency (AP 4255). l Students can be released from school to seek confidential health care without parental notification (Ed Code , District Policy H-3500, AP 6156).

Child Abuse Reporting l Teachers are Mandated Reporters. ( l Child Abuse must always be reported. Any sexual intercourse that was coerced or involuntary A person 13 years or younger engaged in sexual acts with a person 14 years or older The victim is 15 years or younger and the suspect is older than 21 years (CA Penal Code 261 and 289)

Child Abuse Reporting l Pregnancy alone does not constitute child abuse. l Unlawful Sexual Intercourse is not required to report. A person having sexual intercourse with anyone < 18 years See following chart (CA Penal Code 261.5)

Sexual Intercourse w/ a Minor

LGBT Youth l LGBT = Lesbian, Gay, Bisexual and Transgender l 10% of SDUSD high school students have been harassed because of perceived sexual orientation (2013 YRBS). l 6% of SDUSD high school students identify themselves as gay, lesbian or bisexual (2013 YRBS). l SDUSD includes sexual orientation, gender identity and gender expression in anti-bullying, harassment and discrimination policies. l CA Assembly Bill 1266 allows pupils to participate at school according to their chosen gender identity Schools are required to allow GSA Clubs on campus. l SDUSD has policies and procedures in place to support this bill. l A student’s gender identity, gender expression and/or sexual orientation should remain confidential unless the student explicitly states otherwise (AP 0114). l LGBT youth have a right to feel safe and included on campus.